F1PART 79F9PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018

Annotations:
Amendments (Textual)

SECTION 4GENERAL PROVISIONS F5APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART

Annotations:
Amendments (Textual)
F5

Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)

Search for, filing of and service of material79.23

1

A party (the disclosing party) must—

a

make a reasonable search for material relevant to the matters under consideration in the proceedings to which F2Section 2 or 3 of this Part applies; and

b

file and serve on the other party and any special advocate material other than closed material—

i

on which the disclosing party relies;

ii

which adversely affects the disclosing party’s case; F7or

F6iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

which supports the other party’s case.

F81A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include—

a

the amount of material involved;

b

the nature and complexity of the proceedings;

c

whether the material is in the control of the party making the search;

d

the ease and expense of retrieval of any material; and

e

the significance of any material which is likely to be located during the search.

3

The duty to search for, file and serve material under paragraph (1) continues until the proceedings to which F3Section 2 or 3 of this Part applies have been determined.

4

Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the proceedings to which F4Section 2 or 3 of this Part applies have been determined, that party must immediately—

a

file it with the court;

b

serve it on the other party; and

c

serve it on any special advocate.